SKIPS (ATTARD LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.22

SKIPS (ATTARD LOCAL COUNCIL) BYE-LAWS

11th June, 1999

LOCAL COUNCIL BYE-LAW 12/2/99, as amended y Legal Notice 25 of

2007.

The title of these Bye-Laws is the Skips (Attard Local

Council) Bye-Laws.

Amended by

L.N. 425 of 2007.

(Bye-law 4.3)

ATTARD LOCAL COUNCIL

IN exercise of the powers conferred by bye-law 4 of the Skips (Attard Local

Council) Bye-Laws, the Attard Local Council is hereby authorising ..........................

.............................. residing at ..............................................................................

Licence No. .................. I.D. Card No. ............... ( ) name of enterprise or company

............................. VAT No. .................... Tel. No./Fax ................ to place .............

skip/s/bin/s on wheels in the Attard locality boundary under the terms and conditions

specified hereunder

1. The skip/bin shall be of a size, type and colour to be approved in writing by

the Council.

2. No markings shall be printed on or affixed to or removed from the skip/bin

on wheels unless authorised by the Council in writing.

3. There shall be printed on the skip/bin on wheels such markings as may be

authorised by the Council in writing.

4. The skip/bin on wheels shall be placed on the site/s indicated by the Council

on the attached site plan provided by the same Council.

5. The authorised person shall ensure that the skip/bin on wheels is emptied

every ............. or when it is full, whichever is the earlier.

6. The Skips (Attard Local Council) Bye-Laws shall apply to each and every

skip/bin on wheels within the Attard locality boundary.

7. The authorised person has to ensure that all preventive precautions for the

conservation of the environment and for the protection of the citizen, are

being implemented.

8. At all times during the period of authorisation the authorised person must

apply for an adequate insurance policy, acceptable to the Council, against

third party liability and indemnify the Council against any claims arising out

of, or in relation to, the placement or use of any such skip/bin on wheels.

In these Bye-Laws, unless the context otherwise requires

"authorised person" means any person holding a permit or his

representative and any resident of any street or part thereof who is

the only person authorised in accordance with bye-law 4.2;

"bin on wheels" means any recipient on wheels that may be

closed by means of a lid, used for the deposit of domestic refuse,

supplied by or under the authority of the Council and placed in a

public place within the Attard locality boundary, but does not

include skip;

"commercial and/or industrial waste or refuse" means any waste,

originating from any shops, factories, enterprises, companies and

other entities operating in commerce and industry and includes all

bulky refuse in general, but does not include domestic waste or

refuse;

"Council" means the Attard Local Council;

"domestic refuse" means household waste originating from

private dwellings including flats or residential homes but does not

include commercial and/or industrial waste;

"skip" means any open or closed skip supplied by or under the

authority of the Council in a public place within the Attard locality

boundary, and which includes any other recipient of this kind, used

for the deposit of commercial and/or industrial waste, but does not

include bin on wheels.

L.N. 425 of 2007.

(Bye-law 6.1)

CATEGORIES OF ESTABLISHMENTS AND FEES

Column 1

Column 2

CATEGORIES

FEES FOR USE ON SKIPS

Category No. 1

Bars, snack bars, clubs, institutions and any

No fees.

other organisations, sport centres, grocers,

Registration with the Council

bakeries, butchers, chemists, hairdressers,

only

salons, bazaars, stationers, confectioneries,

dress makers, pet shops, plant and flower

shops, clothes shops, offices, clinics, halls and

any other commercial outlets and churches,

antique shops, ironmongers, carpenters,

household appliances shops, aluminium

manufacturers and hawkers selling nougat.

Category No. 2

Mobile kiosks and hawkers selling fast foods,

A fee of €23.29 for the

who require a temporary police licence to

duration of the licence

operate on the days of a feast in the locality.

Category No. 3

Hotels, restaurants, holiday complexes, guest

A fee of €116.47 per annum

houses, schools, houses for the elderly, banks,

showrooms, green grocers, hawkers.

Category No. 4

Mechanics, panel beaters, sprayers, tyre

A fee of €232.94 per annum

service, petrol stations, blacksmiths.

Category No. 5

Industrial establishments including enterprises

A fee of €1,397.62 per annum

or co-operatives or any other enterprise,

government departments, parastatal entities or

corporations, excluding construction sites or

stone quarries.

Category No. 6

Any other industrial establishment not falling

A fee of €931.75 per annum

under any of the categories mentioned in this

scheme, other than those already included in

Category No. 5.

A skip or bin on wheels may only be used by authorised

persons.

1 No person, without the authority of the Council, shall have

the power to place any skip or bin on wheels in any public place

within the Attard locality boundary.

4.2 The Council may assign an area wherein authorised

persons only may use skips or bins on wheels provided by the

C o un c il in l ie u o f d o or-t o -d o or c o l le c t i on of d om e s t ic a nd

commercial waste.

4.3 The Council may however, authorise in writing any person

to place a skip or bin on wheels during such times and at such

places and under such terms and conditions as may be stipulated in

the written authority by the Council annexed in Schedule A.

SKIPS (ATTARD LOCAL COUNCIL)

4.4 When a written authority is granted, there shall be payable

to the Council a fee of

4.4.1 in the case of a skip, one euro and sixteen cents

(1.16) per day for every skip;

4.4.2 in the case of a bin on wheels, twenty-three cents

(0.23) per day for every bin.

4.5 Any person who contravenes any provision of this section

or who fails to comply with any of the conditions stipulated in the

written authority, shall be guilty of a contravention.

No person shall -

5.1

make use of any skip or bin on wheels unless he is an

authorised person; or

5.2

cause any damage to any skip or bin on wheels or

obliterate any markings printed on or affixed thereon;

or scribble or make any mark on any skip or bin on

wheels without the consent of the Council or of the

person to whom written authority has been granted to

place a skip or bin on wheels by virtue of bye-law 4

as the case may require; or

5.3

after using the skip or bin on wheels leave its lid

open or ajar; or

5.4

use the skip or bin on wheels for any purpose other

than that it is intended for; or

5.5

when the skip or bin on wheels is full, deposit any

refuse or waste in a manner that the lid of the skip or

bin on wheels will not close properly or will remain

ajar; or

5.6

when depositing such waste or refuse, spill and leave

spilled any waste or refuse outside the skip or bin on

wheels; or

5.7

throw or deposit any waste or refuse near or around

the skip or bin on wheels; or

5.8

deposit in any bin on wheels any waste, refuse, object

or substance which is not of a domestic nature; or

deposit in any skip any commercial or industrial

waste for which authority was not granted under the

written authority in accordance with these Bye-Laws;

or

5.9

deposit in the skip or bin on wheels any bulky article

or liquid or any refuse, object or substance which the

skip or bin on wheels is not intended to receive; or

5.10 remove or misplace the skip or bin on wheels from

where it is placed unless, in the case of a skip or bin

on wheels placed under the authority of the Council

by a person, such person shall have obtained

authority in writing to do so from the Council; or

5.11 deposit waste or refuse in a skip or bin on wheels

which is not supplied by the Council but placed by a

person to whom authority has been granted by the

Council in accordance with these Bye-Laws; or

5.12 deposit in a bin on wheels any domestic refuse which

is not contained in a closed bag, of a type and

material approved by the Council; or

5.13 in the case of a skip, deposit therein industrial and/or

commercial waste or refuse which does not originate

from within the Attard locality boundary, unless

under the authority in writing of the Council and

against registration or payment as the case may be of

a fee as shown in Column 2 of Schedule B; or

5.14 when authorised by the Council to deposit waste or

refuse in a particular skip or bin on wheels deposit

any waste or refuse in another skip or bin on wheels.

1 Any person who, wholly or partially, engages in or

operates a commercial or industrial activity within the Attard

locality boundary and whose field of operation falls under one of

the establishment categories shown in Schedule B, shall register

with the Council in order to be granted authority to deposit

commercial and/or industrial waste in the skips supplied by or

authorised by the Council in the Attard locality boundary.

6.1.1 Without prejudice to the provisions of bye-law 6.1,

every person in Category 1 of Schedule B can

dispose of commercial and/or industrial waste in a

bin on wheels.

6.2 For each registration made under bye-law 6.1 a fee as

shown in Column 2 of Schedule B shall be payable to the Council.

6.3 The Council may, for a valid reason given in writing,

refuse to register a person under bye-law 6.1.

6.4 No person shown in Column 1 of Schedule B shall throw or

deposit commercial and/or industrial waste in the skips or bins on

wheels supplied by or authorised by the Council in the Attard

locality boundary unless payment of the fee due under Column 2 of

Schedule B is made on registration.

1 Subject to the provisions of bye-laws 7.2 and 7.3, any

person wh o cont ravenes or fails to compl y wit h any of t he

provisions of bye-law 5 shall be deemed to have committed a

contravention and shall, on conviction, be liable, unless a higher

penalty is applicable under any other law -

7.1.1 for a first contravention to a fine (ammenda) of forty-

six euro and fifty-nine cents (€46.59), and

7.1.2 for a second or subsequent contravention to a fine

(ammenda) of sixty-nine euro and eighty-eight cents

(€69.88).

7.2 In the case of a contravention under bye-law 4, a person

shall be liable on conviction to a fine (ammenda) of sixty-nine euro

and eighty-eight cents (€69.88), and in the case of a continuing

offence, to a further fine (ammenda) of eleven euro and sixty-five

cents (€11.65) for each day during which the offence continues.

7.3 In the case of a contravention under bye-law 6.4 a person

shall be liable on conviction to a fine (ammenda) of sixty-nine euro

and eighty-eight cents (€69.88).

7.4 The imposition of a penalty under this bye-law shall be

without prejudice -

(a) to the right of the Council to recover any civil damages

caused by the commission of any contravention under

these Bye-Laws, and

(b) to the right of the Council to revoke the written

authority granted and/or cancel the registration made

in virtue of these Bye-Laws.

The Council may terminate the authority given, and, or

cancel the registration made under these Bye-Laws if it is satisfied

that any of the terms and conditions under which the said authority

was granted or registration made has not been complied with, or if

there is a substantial change in circumstances which in the opinion

of the Council renders it necessary to withdraw the authority or

cancel the registration. In this case the Council shall not be obliged

to refund any fee that would have already been paid to the Council

under Schedule B.

SKIPS (ATTARD LOCAL COUNCIL)

Subject to earlier termination for non-compliance of the above terms or

conditions this authority shall be valid for a period of ..................................

commencing on ..................................... .

This authority is subject to the payment of a fee of € ............. .

Mayor

Secretary

SKIPS (ATTARD LOCAL COUNCIL)

Sustituted by